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Bindu Yadav & Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 27260 of 2006  RD-AH 20889 (12 December 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicants and the learned A.G.A.
It is submitted by learned counsel for the applicants that according to the prosecution version the alleged occurrence has been committed in the dark hours of night at about 3.30 a.m. on 18.10.2006. Its F.I.R. has been lodged on 18.10.2006 at about 6.30 a.m. According to the F.I.R. and applicants and the co-accused Bali Ram Yadav were seen by the witnessed who committed the murder of the deceased. During investigation it has been specifically alleged that the co-accused Bali Ram Yadav was having country made pistol in his hand. According to the post mortem examination report the deceased ahs received injures in which injury no.2 was the entry wound and its exit wound was injury no.3. The case of the applicant is distinguishable with the case of the co-accused Bali Ram Yadav.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Bindu and Pappu Yadav involved in case crime no. 442 of 2006 under Sections 302,394I.P.C., P.S. Marihan District Mirzapur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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